Intellectual Property

Materials:

• Handout A: Artistic License
• Handout B: Poetic Justice
• Handout C: Case Studies
• Handout D: Technology and Intellectual Property

Distribute Handout A: Artistic License. Students should read the statements individually and circle the number that best describes the way they would treat their artwork.

After students have made their determinations on Handout A, have them assemble into groups – all the 1’s together, the 2’s together, and so on. If needed, split groups to keep them in manageable sizes (no more than three or four). In their groups, have students discuss why they selected the statement they did. They should also discuss why they did NOT choose the other options.

Reconvene the class and have students share their reasoning. Write the term “intellectual property” on the board and invite students to define the term.

Write the definition on the board: “creations of the mind.” Ask students to brainstorm the kinds of people/professions who produce intellectual property, and keep a list on the board. In addition to the responses students generate, you may suggest: artists, authors, inventors, musicians, filmmakers, designers, computer programmers, architects, and students.

In a mini-lecture, explain that the Constitution gives Congress the power to protect intellectual property. Article I, Section 8 empowers Congress “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress fulfills this responsibility through patents and copyright laws. Make sure students understand that an idea alone cannot be copyrighted or patented. Only the expression of an idea (for example, in words, music, computer code, engineering schematics) can be copyrighted or patented.

Day One Activity [35 minutes]

• Have students remain in their groups and assign each group one of the following identities:
  • Group 1: Students
  • Group 2: Musicians
  • Group 3: Authors
  • Group 4: Filmmakers
  • Group 5: Inventors
  • Group 6: Software Engineers.
• Distribute to each group the corresponding card from Justice. Handout B: Poetic Have students read and discuss the scenarios and decide whether each one would constitute theft. Allow students the remainder of time to discuss the following questions in their groups: What is the difference between scenarios one and two? Between two and three?

Day Two Activity [25 minutes]

• Invite Group 1 to the front of the room. Remind the class that this was the A. group who, in the first day’s Warm-up, would sell all their artwork for a profit.
• Have members of Group 1 share their scenarios with the class by reading B. them aloud or presenting role-plays. Finally, they should explain whether they believed any/all of them constituted stealing.
• Continue with Groups 2-6.
• As a large group, discuss the following questions, as they pertain to all the scenarios:
  • How, if at all, were scenarios one and two different? How, if at all, were they similar?
  • How, if at all, were scenarios two and three different? How, if at all, were they similar?
  • Of those groups that said the first scenario was “stealing,” did any • say that two and three were “not stealing”? Why?
  • How, if at all, does it matter whether a property owner wishes to profit from his or her intellectual property?

Explain to students that an important protection for intellectual property is the copyright. Write the following definition on the board: Copyright: the exclusive legal right to reproduce or sell a creative work. This means that if you own the copyright to something, you are the only one who can give permission to make more of it or sell it. Limited reprinting of excerpts is called “fair use” and allows for reviews, criticism, satire, and other means of free discussion of ideas.

Distribute Handout C: Case Studies. Assign or have students select one Case Study to read. They should then discuss their Case Study with a partner who read the same one. Each of these Case Studies is true.

Have students jigsaw into new groups of three with one student who read each Case Study. Students should brief each other on their Case Studies.

Have groups complete Handout D: Technology and Intellectual Property. As a large group, go over the chart and the questions that follow. See Answer Key for suggested responses.

Have students keep a twenty-four-hour journal and note every time they create intellectual property in the course of a day. They should also note every time they make use of someone else’s intellectual property. At the end of the day, students should go back over their journal and circle each entry where technology facilitated the creation or use of intellectual property. Have students locate a newspaper article describing a challenge to intellectual property and write a two-paragraph summary of the situation. Some examples may be found on the Bill of Rights Institute Current Events page.

 

Have students select one of the Case Studies to research in-depth. They should present their research in a two- to three-page essay in which they fully develop their opinion on the outcome of the case.

Have students do research on Robert Kearns, the inventor of the intermittent windshield wiper, and his patent infringement case against the Ford Motor Company and the Chrysler Corporation. Students should report on the progression of his cases, arguments on both sides, and conclude with their own opinion about the outcome.

Have the class brainstorm a list of industries or products which are being challenged by technology. For example—the music industry is challenged by online file sharing, cable television is being challenged by the rise of DV-R and “on-demand” services. Have students select one to study in depth. First, ask students to recall old technologies related to their industry, such as vinyl records or cassette tapes. Then ask them to report on how it has adapted to new technologies. For example—the rise of iTunes and other pay-per-download sites have changed the way music is sold, and therefore may change the way artists produce music, and so on. Once students have presented their research to the class, ask:

• How has the intellectual property been treated as new technology developed?
• What can you predict will happen to industries that do not adapt to new technologies?
• Is the very concept of copyright obsolete in the 21st century?  Should it be?